2022 QCCQ 13905, 2022 QCCQ 13905

Protection de la jeunesse — 224791 2022 QCCQ 13905 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000680-217 DATE : May 24, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2019 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 24, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucie Godin on December 1 st , 2021. [ 3 ] Today, the Director recommends that the child be entrusted to a foster family for six months and that diverse support measures be ordered for a period of one year.

It is the Director’s intention to maintain the child in the grandmother’s foster family. [ 4 ] The mother wishes for the Tribunal to entrust the child to her care, at the condition that they reside with the grandmother. She agrees to take

part in random drug testing and for visits to be done at her mother’s place. [ 5 ] After having heard the evidence, the child’s attorney supported the Director’s recommendations. He mentioned that as the mother was not recognizing her issues, her promises appeared empty and that her actions would speak louder than her words. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 7 ] The child has continued to thrive in the maternal grandmother’s foster family.

From the end of February to April 21, 2022, the grandmother had to leave for Town A to escort her own mother for medical reasons. During that period, the child was cared for by the maternal aunt, Ms. C. Since the mother resides with the grandmother, she takes

part in the daily care of the child. [ 8 ] The mother has not yet taken steps to treat her substance consumption issues. She admitted using cocaine at the end of March 2022. Before that time, she mentioned consuming cocaine twice per month as it was expensive. During her testimony, she reported last drinking alcohol in January 2022. She intends to enter a treatment program following the hearing. The Youth Protection worker is of the opinion that the A treatment centre would be appropriate for the mother.

[ 9 ] The mother remained involved in a violent relationship. In January 2022, she was physically assaulted by her boyfriend. At the time, they were both intoxicated with alcohol. Since this incident, the mother has been living with the maternal grandmother and the child. She has been able to support the grandmother and the aunt providing care for the child.

During her testimony, the mother clarified that she was still involved with her boyfriend and that he was also keeping his sobriety. [ 10 ] During her testimony, the mother mentioned that she considered that she did not have a drug and alcohol consumption issues anymore. She did not consider needing to attend a rehabilitation program, but was willing to go if she was required to attend. She mentioned being “ afraid of losing her child until the age of majority ”.

That “ it hit (her); that (she) needed to change her life ”. [ 11 ] From December 2021 to March 2022, the mother collaborated minimally with the Youth Protection worker. Since March 2022, her collaboration is better. She came to the office when required and answered messages. [ 12 ] The father reported being sober for the last six months. Since the last hearing, he had at least three visits with the child. [ 13 ] The parents are able to communicate with regards to the child.

At this point, neither parent is able to resume care for the child. [ 14 ] Given the fact that the mother did not yet seek any formal support for her drug and alcohol consumption issues, her situation remains fragile. The child’s placement remains necessary at this point. [ 15 ] The fact that she remained sober from alcohol since January 2022 and from drugs since March 2022 is commendable. The child’s stability is paramount. The mother should then take concrete steps and acquire tools in order to maintain her sobriety for herself and for her child.

As the child’s attorney mentioned: “ the mother has to act to show she’s able to maintain her sobriety ”. [ 16 ] At this point, it would be premature to order a one year period of social follow-up. Considering the maximum duration of placement, it will be important for the Court to reassess the child’s situation in six months.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for revision; [ 18 ] DECLARES that the security or the development of the child is still endangered; [ 19 ] REVISES the order rendered on December 1 st , 2021 by the Honourable Lucie Godin; [ 20 ] ORDERS that the child be entrusted to a foster home for a period of 6 months; [ 21 ] RECOMMENDS that the child be maintained in the foster home of the maternal grandmother; [ 22 ] RECOMMENDS that the mother attend and complete an alcohol and drug treatment program; [ 23 ] RECOMMENDS that the mother engage in an aftercare program in regard to relapse; [ 24 ] RECOMMENDS that the parents engage in [Center A] for counselling, workshops and programs; [ 25 ] ORDERS that the mother and the father be sober around the child at all times; [ 26 ] ORDERS that the parents ensure that the child is not exposed to anyone under the influence of alcohol or drugs; [ 27 ] ORDERS that the mother not expose the child to any form of violence; [ 28 ] ORDERS that the frequency and modalities of contacts between the child and the parents be determined by the Director of Youth Protection; [ 29 ] TAKES JUDICIAL NOTICE that, at this point, the mother resides with the grandmother; [ 30 ] ORDERS the parents to collaborate with the Director of Youth Protection and meet with the worker upon request; [ 31 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 32 ] THE WHOLE for a period of six months; [ 33 ] ENTRUSTS the situation of X to the Director of Youth Protection of Board of Health and Social Services A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on July 5, 2022 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection

Mtre Yan Masse Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Date of hearing: May 24, 2022